1971-HKRS29-8-38_Part04 — Page 37

Breach of deportation order, and landing from ship of aircraft in which removal to be effected.

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(b) uses for the purposes of Part II, III or IV of this Ordin- ance any forged, false or unlawfully obtained or altered travel document, entry permit, re-entry permit or other document;

(c) has in his possession-

(i) any forged, false or unlawfully obtained or altered travel document, entry permit or re-entry permit; or

(ii) any forged, false or unlawfully altered document whatsoever intended for use for the purposes of Part II. III or IV of this Ordinance,

shall be guilty of an offence.

(3) A travel document, entry permit or re-entry permit shall be deemed to be unlawfully obtained for the purposes of this section if any person made a false statement or representation for the purposes of or in conaction with an application for the issue or renewal of the same.

(4) Any person who is guilty of an offence under this section shall be liable-

(2) on conviction on indictment, to a fine of ten thousand

dollars and to imprisonment for seven years; and

(b) on summary conviction, to a fine of five thousand dollars

and to imprisonment for two years.

(5) In this section, "false" means false in a material partic- ular.

43. (1) Subject to subsection (2), if—

(a) any person in respect of whom a deportation order is in force is in Hong Kong in contravention of the order; or

(b) any person who has been placed on board a ship or air- craft under section 25(3) lands from the ship or aircraft before it leaves Hong Kong.

be shall be guilty of an offence and shall be liable-

(i) on conviction on indictment, to imprisonment for seven

years; and

(ii) on summary conviction, to imprisonment for three years.

(2) A person who has not been given notice-

(a) of a deportation order made against him;

(8) of the rescission of a suspension of the deportation order

made against him,

shall not be guilty of an offence under subsection (IX).

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44. Any person who without reasonable excuse knowingly Miscellaneous

offences.

contravenes-

(a) section 3(1), (3), (4) or (5), section 5(4) or (5), section 6(1), (2) or (4), section 14(1), section 16(1), section 17(1). (2) or (3) or section 33(1):

(b) any requirement made under section 3(2), section 5(1), (3), (6) or (7), section 6(3), section 11(8) or section 15(1); (c) any directions given under section 5(8), section 24(1) or

section 25(2); or

(d) any condition imposed under section 13.

shall be guilty of an offence and shall be liable on conviction to a fine of twenty thousand dollars.

45. Where a person is convicted of an offence under section 44 consisting of a contravention of section 14(1) and the contraven- tion continues after the conviction, then, unless he has a reasonable excuse for the continuance of the contravention, he shall be guilty of a further offence under section 44 and shall be liable on con- viction to be punished accordingly.

46. A complaint may be made or an information laid in respect of an offence under this Ordinance punishable only on summary conviction within two years from the time when the matter of such complaint or information respectively arose.

47. (1) Where the captain of a ship not exceeding to hundred and fifty gross tons is guilty of an offence under section 38(4) or section 39, the ship shall be liable to forfeiture, whether or not the captain is convicted in respect of such offence.

(2) Any vehicle which has been used in the commission of (a) an offence under section 38(1): or

(b) an offence under section 90(1) of the Criminal Procedure Ordinance where the arrestable offence which a person has committed is an offence under section 38(1) of this Ordinance.

shall be liable to forfeiture, whether or not any person has been convicted in respect of such offence.

(3) Within twenty-one days of the seizure of any ship or vehicle which appears to him to be liable to forfeiture under sub- section (1) or subsection (2), the Director may serve notice of such seizure on the owner of the ship or vehicle:

Provided that where there is more than one owner of a ship or vehicle it shall be sufficient for the purposes of this sub- section to give notice to one of the owners.

Continuance of an offence.

Limitation of time for prosecution of summary offences.

Forfeiture

of ships and vehicles.